TERMS AND CONDITIONS  

These terms and conditions apply to your use of: (1) the Bixby website at https://livebixby.co (the “Bixby Site”) and all affiliated websites owned and operated solely by Bixby, and (2) the rental management tools made available by Bixby to tenants through the Bixby Site and the Bixby-branded application for smartphone devices (collectively, the “Bixby Application”), and any other online properties of Bixby.  In these terms and conditions, “Bixby”, “we”, “us” means Bixby, Inc., a Delaware corporation, and “you” mean any person using the Bixby Application or any other services offered by Bixby. 

1.         By using the Bixby Application, you agree to these terms and conditions. If you do not accept all of these terms and conditions, you may not use the Bixby Application. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Bixby Application if, in our sole reasonable judgment, any of these terms and conditions are violated. We recommend you print out a copy of these terms and conditions for your future reference. 

2.         We may update or revise these terms and conditions from time to time. You agree that you will review these terms and conditions periodically. You are free to decide whether or not to accept a modified version of these terms and conditions, but accepting these terms and conditions, as modified, is required for you to continue using our Bixby Applications. You may have to click “accept” or “agree” to show your acceptance of any modified version of these terms and conditions.

3.         All of the content and underlying software and other information used in generating and/or displaying the Bixby Application is owned by Bixby, the operator of the Bixby Application, or by a third party which has agreed to allow use by Bixby of such software or other information. Such software or other information includes, but is not limited to, any trademarks, copyrights, patents, or other proprietary rights. You will not copy or transmit any of such software or other information except for your personal, non-commercial use on your own computer system. All copyright, trademark and other proprietary rights notices must be honored by you to the fullest extent of the law.

4.         You represent that you are of legal age and otherwise legally competent to enter into legally binding contracts. You also agree to be legally responsible for any use of the Bixby Application that requires authentication through a password. Thus, maintaining control and confidentiality of your login and password information is your responsibility. If you have reason to believe your password has been compromised, you should change it promptly or notify Bixby immediately. You agree that Bixby may, in its discretion and upon such notification, suspend your account temporarily, until such time as, in Bixby’s reasonable judgment, any threat due to the compromise of the password has been rectified.

5.      You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.

6.          If you use the Bixby Application to configure your account to receive messages to your mobile device, you must ensure your account with the Bixby Application has the correct, current phone number and email address associated with that mobile device. You are responsible for any charges incurred to receive information on such mobile device. We will not be liable for information sent to a device that is associated with your outdated mobile phone number.

7.         We use www.dwolla.com as a payment gateway provider in order to facilitate the payment of rent through the Bixby Application. We may change or add new payment gateway providers in the future as is necessary for the Application. Payment gateway providers may aggregate your information for a number of purposes and it is your responsibility to review their Terms of Use and Privacy Policy before interacting with such services.

8.      We never take custody of money you transfer using the Bixby Application and we’re not responsible for what recipients do with the payments you make. For example, we’re not responsible for your landlord returning your deposit. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Bixby Application has occurred.

9.         Use of the Bixby Application does not give you ownership of any intellectual property rights in the Bixby Application or any content posted on the Bixby Application. You own what you post on the Bixby Application (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Bixby Application, all information and content you post so long as you have an active account.

10.     Your account may only be used by one person. A single account shared by more than one person is not permitted.

11.     You are responsible for the accuracy of everything that is posted or submitted under your account.

12.       We are not a real estate agent or broker. We don’t screen properties or offer any guaranty or advice regarding the suitability of properties or landlords. Nothing we say should be construed as such advice, and you agree not to rely on us in making decisions as to entering a lease for a property or otherwise.

13.        You may not use the Bixby Application for any illegal purpose. You may not, in using the Bixby Application, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). You may not use the Bixby Application as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and any of your transactions with law enforcement.

14.     Through the Bixby Application we allow you to engage with and book certain professional services from third party service providers (“Service Professionals”). These services may include laundry services, plumbers, electricians and other related maintenance and in-home cleaning services. Bixby does not itself provide any of these services. The provision of all such services is up to the Service Professionals, which may be scheduled through use of the Bixby Application.

BIXBY, THROUGH THE BIXBY APPLICATION, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A CLEANING, MAINTENANCE, OR OTHER HOME-RELATED SERVICE PROFESSIONAL, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH SERVICES PROVIDED TO YOU BY ANY SUCH SERVICE PROFESSIONAS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. BIXBY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY SUCH SERVICE PROFESSIONALS. 

            You are advised to exercise caution and common sense to protect your personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE BIXBY APPLICATION, YOU AGREE TO HOLD BIXBY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES PROVIDED TO YOU BY SERVICE PROFESSIONALS. BIXBY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING TO PERSON OR PROPERTY IN CONNECTION WITH ANY SERVICES PROVIDED BY ANY SUCH SERVICE PROFESSIONALS.

15.  THE BIXBY APPLICATION IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE BIXBY APPLICATION, THAT THE BIXBY APPLICATION WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE BIXBY APPLICATION OR ANY ASPECT OF THE BIXBY APPLICATION IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE BIXBY APPLICATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE BIXBY APPLICATION OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US TO USE THE BIXBY APPLICATION.

17.      You understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of these terms and conditions and that they represent a reasonable allocation of risk. In particular, you understand that we would be unable to make the Bixby Application available to you except on these terms and agree that these terms and conditions will survive and apply even if any limited remedy specified in these terms and conditions t is found to have failed of its essential purpose.

18.     If any of the provisions, or portions thereof, of these terms and conditions are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these terms and conditions shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. 

19.      These terms and conditions and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by us.

20.      These terms and conditions made under and shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction.